DR. S. K. MUKHERJEE, S/O LATE PANCHANAN MAKHIJA AT PRESENT RESIDENT OF P Vs. BIRSA AGRICULTURE UNIVERSITY THROUGH ITS VICE CHANCELLOR, KANKE, P.O. AND P.S. KANKE, DIST.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has, inter alia, prayed for quashing the impugned order dated 23.05.2014 (Annexure-9), rejecting the representation of the petitioner on the ground of delay and further prayer has been made for quashing the order dated 06.11.2012 (Annexure-5) fixing the petitioner's pay in the lower scale and for a direction for correct fixation of pension and arrears of salary with 10 per cent interest for delayed payment.

(2.) The brief facts, as averred in the writ application, is that initially the petitioner joined in the year 1974 and was absorbed directly in the University service against the post of the Associate Professor. Consequent upon the pay fixation, his pay was fixed by the University vide Memo dated 20th March, 1987 in the U.G.C. selection grade scale of Rs.1200-1900 w.e.f. 01.04.1975 and he retired in the said scale with effect from 30.04.1989 on attaining the age of superannuation i.e. 62 years. The notification of the 04th Pay Revision came into effect on 31.03.1990 vide letter No. 3234, giving the benefit of pay revision with effect from 01.01.1986. The 05th Pay Revision was also effective from 01.01.1996 and the 06th Pay Revision was effective from 01.01.2006 as is evident from Annexure-4 and 4/A to the writ petition. The pension of the petitioner was fixed taking into consideration the subsequent pay revision as per the Officer order dated 06.11.2012 and in the said office order, pre-revised pay-scale of Rs.3000-5000.00 has been wrongly fixed, therefore, the petitioner submitted representation to the Respondent No.1 on 15.03.2013 requesting for fixation of his pay in the scale of pay of Rs.3,700-67,000.00. Copy of the representation of the petitioner was also sent to the office of the Chancellor of the University and in pursuance to the representation, the Vice-chancellor, Respondent No. 1 constituted a Committee vide Office order dated 111.2013 to consider the case of the petitioner and the Committee submitted its report, specifically observing that the petitioner may be allowed the scale of Rs.3,700-5700.00 with effect from 01.01.1986 and subsequent revisions with effect from 01.01.1996 and 01.01.2006 respectively as wrong fixation has been done. The report of the Committee has been annexed as Annexure-8/a to the writ petition and without considering the said report, the respondent no. 1 rejected the representation for grant of revised pension to the petitioner vide order dated 23.05.2014, which was communicated by the Respondent no. 2 on the ground of delay, which is impugned in this writ petition. Also the order dated 06.11.2012 (Annexure-5) has been challenged on the ground of total non-consideration of the letter dated 31.03.1990 (Annexure-3), in which it has been specifically stated by the Agriculture Department, Govt. of Bihar that the scale of pay of Rs.3,000-5,000.00 is not applicable in the Agriculture University.

(3.) Learned counsel for the petitioner submits that the petitioner, who retired as an Associate Professor, cannot be deprived of his legitimate dues and arrears of salary accrued on the revised pay on the ground of delay without any cogent and justifiable reasons. Learned counsel for the petitioner further submits that the decision of the Respondent No. 1 in rejecting the representation for grant of revised pension could not have been done on the ground of delay because the legitimate right of the petitioner has been extinguished and throttled on the pretext of technicalities of delay, which defeats the purpose of rendering substantive justice.